PFAC NEWS - Professional Fiduciary Association of California
Transcription
PFAC NEWS - Professional Fiduciary Association of California
P FA C N E W S P ro fe s s i o n a l F i d u c i a r y A s s o c i a t i o n o f C a l i fo r n i a Vo l u m e 3 , I s s u e 3 - F a l l 2 0 1 4 President’s Message By Marilyn Bessey, CLPF One of my goals this year as your 2014–15 President is to keep our membership informed as we move forward. The face–to–face governance decision making of our association takes place at the Board of Directors meetings, which occur only four times a year. These meetings bring together the elected board member representatives from throughout the state. We just completed a Board of Directors meeting September 6th at the Hyatt San Francisco Airport, the location of the 2015 PFAC Conference. Meeting there gave us all a great understanding of the hotel and how it is a wonderful venue for the 2015 conference. The success of our Annual Conference is vital to the continued strength of our association. 2015 Conference Chairs, Art Passante (on Skype), Leslie Byrne and David Keeler (in person) met with the committee members, along with Susan Gibson and Jeanne Sleeper from JBS who will facilitate the conference logistics. It was a highly successful meeting – the entire committee is off and running! I know you will be hearing more from them soon–if not already! The Sponsorship–Exhibiting–Advertising brochure has been mailed and the conference website is now open for business, including conference registration and hotel reservations. Continued on page 4 Affiliate of the National Guardianship Association INSIDE President’s Message PAGE 4 - 5 Upcoming Education Programs PAGE 5 Executive Director’s Message PAGE 6 Brain Healthy Living PAGE 7 Security Bank of California PAGE 7 PFAC Board of Directors 2014−2015 INSIDE President Marilyn Bessey, CLPF 916−930−9900 Marilyn.bessey@efmt.com continued from front cover Government Affair Update . . . . . . . . . . . . . . . . . . . . . . . . . .Page 8 Alzheimer’s - Know the 10 Signs . . . . . . . . . . . . . . . . . . . . .Page 9 Vice President / President Elect Joyce Anthony, CLPF 650−383−5313 Joyce@primefiduciary.com PFAC: Communication Committee Update (ComCom) . . . . .Page 11 Caregiver Checklist for Finding an Adult Program . . . . . . . .Page 12 2015 PFAC Annual Conference . . . . . . . . . . . . . . . . . . . . .Page 13 Secretary Rita D. Michael, CLPF 310−372−7380 Ritadmichael@verizon.net Braun: A Fiduciary Case Study . . . . . . . . . . . . . . . . . . . . . .Page 15 Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 16 Treasurer Gary Loebner, MBA, CLPF 650−961−3368 SVFiduciary@sbcglobal.net ICS − Insured Cash Sweep . . . . . . . . . . . . . . . . . . . . . . . . .Page 17 Suicide Prevention Crisis Lines . . . . . . . . . . . . . . . . . . . . . .Page 17 PFAC Regions & Chapters Directory . . . . . . . . . . . . . . . . . .Page 19 Past President Scott S.H. Phipps, NCG, CLPF 510−508−9588 Scottphipps.phisco@gmail.com Northern Region President Leslie Byrne, CLPF 510−635−0355 Mbyrne@yahoo.com Region Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 19 Addressing Complex Borrowing Challenges . . . . . . . . . . . . .Page 21 PFAC Statement of Purpose The purpose of the Professional Fiduciary Association of California is to: Northern Region Director Debra Dolch, NCG, CLPF 415−543−2121 Debrajdolch@fiduciaryservices.net San Diego Region President Jeannette Servin, NCG, CLPF 858−204−2784 Servinfiduciary@gmail.com Encourage professional standards of conduct and practice • Maintain high qualifications for membership • Facilitate the continuing education of members • Offer opportunities for new members to network and meet Fiduciaries in their area • Promote communications among members to share resources www.pfac-pro.org San Diego Region Director Beverly Brito, NCG, CLPF 760−505−5699 Boognbr@cox.net PFAC Staff JBS & Associates 954 La Mirada Street Laguna Beach, CA 92651 Toll−Free: 866−886−7322 Phone: 949−497−3673 | Fax: 949−497−2623 Southern Region President James Sullivan, NCG, CLPF 310−792−8838 James@trustee.pro Executive Director Jeanne Sleeper | JSleeper@jbsmgmt.com | Extension 300 Southern Region Director Norine Boehmer, CLPF 310−246−9055 Noreenb@pacbell.net PFAC Fall 2014 • 3 Susan Gibson | SGibson@jbsmgmt.com | Extension 610 Kamberly Fix | KFix@jbsmgmt.com | Extension 600 President’s Letter Continued... As President, I reported to the Board that, at the direction of the Board in July 2014, attorney Joel Corwin had been retained to assist with our ethics committee and Code of Ethics transition matters and updating of PFAC bylaws, to assure compliance with current California law–the California Corporations Code. He will provide a legal review of our bylaws that are many years old and consider the changes that have occurred in the corporation’s code and other state and federal statutes since the bylaws were enacted, as it is the Boards’ duty to assure that the PFAC Articles of Incorporation, Bylaws, Policies and Procedures are in compliance with current laws. Mr. Cor win is an active member of the California State Bar, and as Chair of the Non–profit Organizations Committee of the State Bar for the past two years, and he has been actively involved in the preparation of bills submitted to our legislature on matters beneficial to California associations and other nonprofits. Joel is a strong advocate for the proper governance and legal health of PFAC. which affirmed the continuation of the Bureau. The Bureau is financially stable with a healthy balance of funds available to support their main activities, which are the licensure process, along with oversight and investigation of all complaints filed against licensed professional fiduciaries. A new full–time Investigative Officer has been hired and the Bureau’s budget includes increased resources allocated to investigation and enforcement, including using the Attorney General’s staff for litigation. The Bureau, with Bureau Chief Julia Ansel, is now legally mandated to continue its role for the upcoming years within the Department of Consumer Affairs. Past President, Scott Phipps, reported on the latest developments of the Feasibility Study Group that is considering potential redistricting of the PFAC regions. This subject is being discussed based on how our association’s regions are designated geographically. The concern is the need for better availability of activities to our members and how our very large geographic regions make that a challenge for some members. Jim Sullivan and Leslie Byrne, Membership Co–Chairs, reported that PFAC now has 440 licensed members and 604 total members. Our Executive Director, Jeanne Sleeper, has been very involved in the management transition period from AMG to JBS during the months of June and July. Our thanks to the staff of AMG for their assistance in this complex task. It has obviously been a very busy time, not only the physical move, but also changing from one accounting system to another, moving the associations records off of the AMG software to new programs and reviewing all the business processes. One of the biggest changes has A business plan is being developed by the Education Committee, reported Chair, Rita Michael, as part of the planning of future on–line education courses provided by the association. The committee continues its vetting process of all chapter and regional education programs and the conference programs. been developing PFAC’s brand new website. Over time many new member–focused features will become available to our members and the region and chapter leaders in marketing and managing the local educational programs, which are primary PFAC missions. Jeanne announced the roles of Susan Gibson, PFAC Account Executive and Conference Manager and PFAC Membership and Communication Manager, Kamberly Fix. All very positive. light of the Professional Fiduciar y Bureau duties and responsibilities. They made a recommendation that the association discontinue the receipt of complaints against association’s members, as well as cease the corresponding Ethics Committee investigation process of those complaints. Now is the right time to shift those responsibilities to the Professional Fiduciary Bureau, that is fully–staffed and able to provide this important consumer service as is mandated by the enabling laws that established the Bureau. A resolution was presented and passed by the Board of Directors that the corporation’s Ethics Committee will no longer be responsible, as of September 6, 2014, to accept and investigate complaints about PFAC members, as it is more appropriately the responsibility of the Professional PFAC lobbyist, Jerry Desmond, with Norine Boehmer reported on the status of bills that were moving through the California legislature that may have effect on our profession. Jerry also reported to the Board the positive Sunset Review of the Professional Fiduciar y Bureau, PFAC Fall 2014 4 Ethics Committee Co–chairs, Joyce Anthony and Bev Brito presented a report on the evolving role of the Committee in Fiduciaries Bureau for licensing and enforcement of professional conduct of fiduciaries. PFAC will provide procedures for suspension and termination of membership, including those which may be based on decisions of the Professional Fiduciary Bureau and other tribunals. At the suggestion of attorney Joel Corwin, the President of the corporation and the Ethics Committee will review and rework the corporation’s Code of Ethics and frame a new Code of Conduct with an oppor tunity for members to comment. The resolution also authorized the President of the corporation to have new/revised bylaws of the corporation prepared by legal counsel, with related documents, for presentation to, and approval by, the Board of Directors. Following the board’s acceptance of the revised documents, the current bylaws require the new documents be presented to the voting members of the corporation for ratification. PFAC will retain its longstanding, core commitment to providing education to its members with a goal of education resulting in quality service to our clients. Susan Gibson from JBS & Associates reported that as the membership of PFAC grows, the attendance, number of programs and exhibits at our annual conference has increased substantially. This is wonder ful, but is limiting the conference locations available from the standpoint of cost, required space and fewer suitable facilities across the state. Mark your calendars, here is the PFAC spring conference schedule for the next five years: April 22-25, 2015, Hyatt Regency San Francisco Airport; June 1-4, 2016, Hyatt Regency Indian Wells; April 26-29, 2017, Hyatt Regency San Francisco Airpor t; May 30-June 2, 2018, Riverside Convention Center, Mission Inn, Marriott and Hyatt Place; June 5-8, 2019, Westin Mission Hills, Palm Springs. As you can see, this is a very busy board both at quarterly meetings and working on projects between board meetings! The Board of Directors wants all members to know the corporation’s focus, our commitment to up–to–date governance and what we are accomplishing as your elected representatives. We thank you for your support. PFAC is always interested in hearing of members who are interested in serving in leadership positions – so don’t be shy. Let your chapter, region or state leaders know of your interest. Thank you again. Marilyn Bessey 2014-15 PFAC President Upcoming PFAC CEU Opportunities October 18, 2014 An Ounce of Prevention...An Early Probate Mediation Workshop (6.0 MCLE CEUs / 6.0 PFAC CEUs) (includes 1.0 Ethics MCLE CEU / 1.0 Ethics PFAC CEU) 9:00 a.m. − 5:00 p.m. Roseville, CA PENDING CEU Opportunities October 22, 2014 San Diego Region Section 8 Housing Choice Voucher Program 1.0 PFAC CEU La Mesa, CA November 19, 2014 San Diego Region E&O Ins. What it means and How it Protects Fiduciaries 1.0 PFAC CEU La Jolla, CA PFAC 2015 – 2019 Conference Dates: 2015 April 22 - 25 Hyatt Regency San Francisco Airport Burlingame, CA 2016 June 1 - June 4 Hyatt Regency Indian Wells Indian Wells, CA 2017 April 26- 29 Hyatt Regency San Francisco Airport Burlingame, CA 2018 May 30 - June 2 Riverside Convention Center Riverside, CA Host Hotels: Mission Inn Hotel & Spa; Marriott Riverside & Hyatt Place Riverside 5 PFAC Fall 2014 Executive Director’s Message By Jeanne Sleeper Hello PFAC Members, In the few weeks since JBS & Associates became your administrative office, we’ve been on an exciting journey learning about your association and starting to meet the incredible members who are the regional leadership in chapters and regions and the state board of directors. We value their patience and willingness to keep us pointed in the right direction as we learn more about PFAC and your roles as fiduciaries. Jeanne Sleeper PFAC Executive Director 949−497−3673 ext 300 JSleeper@jbsmgmt.com When working on the 2014 San Diego Educational Conference, we met many of you. It will be a pleasure to meet more PFAC’s in April 2015 at the Hyatt Regency San Francisco Airport hotel in Burlingame. The breadth and diversity of what you do each day as a fiduciar y involves many disciplines and a plethora of skills. We look forward to an ongoing conversation about how PFAC can assist you and your business in providing high quality services to your clients. PFAC membership provides a list of benefits, one of which is the organization’s website. It is an important communication tool for members and the public. There’s a fresh, contemporar y, new look at www.PFAC−Pro.org and new features are being added monthly. Over the next few months these new features will help all members and prospective fiduciaries find local educational meetings, sign up online and members to view their personal summar y of earned continuing education units. The Annual Conference section of the website has “everything Conference” all in one place for easy reference. Our team started from the ground up and built a technologically modern new site to make your web−use easier, faster, and simpler. Yes, it is different. But we hope you will embrace the long term benefits and take a few minutes to browse the new site and find all the usual sections and a few new ones. Susan Gibson PFAC Conference Planner 949−497−3673 ext 610 SGibson@jbsmgmt.com You’ll see the new PFAC look on the website, the e−news messages and this quarterly e−newsletter. We hope you find the communication vehicles easy to read, more inviting and useful to your professional development. A shout out to the Communications Committee and the board for their valuable input and to David Rossen at CDR Marketing, PFAC’s new, incredibly talented and dedicated webmaster. The Staff at JBS & Associates Kamberly Fix PFAC Membership Manager 949−497−3673 ext 600 KFix@jbsmgmt.com PFAC Fall 2014 6 Brain Healthy Living By Mary Ball, President & CEO, Alzheimer’s Association San Diego When people think about staying fit, they generally think from the neck down. But the health of your brain plays a critical role in almost everything you do; thinking, feeling, remembering, working, playing and even sleeping. The good news is that emerging evidence suggests there are steps you can take to help keep your brain healthier as you age. It is important to understand that Alzheimer’s is not a normal part of aging but like other parts of your body, your brain may lose some agility as it gets older, if you do not take care of it. Science is unlocking many of the mysteries of the brain, but unfortunately we do not have all the answers yet. You can do ever ything “right” and still not prevent Alzheimer’s disease. That being said, maintaining the health of your brain is an important part of your overall health and wellbeing. There are four aspects to consider, when talking about living a brain healthy lifestyle: physical exercise, nutrition, social activity and mental exercise. • Physical exercise is essential for maintaining good blood flow to the brain as well as to encourage new brain cells. It also can significantly reduce the risk of heart attack, stroke and diabetes, and thereby protect against those risk factors for Alzheimer’s and other dementias • Research suggests that high cholesterol may contribute to brain cell damage. A low fat, low cholesterol diet is advisable. There is also growing evidence that a diet rich in dark vegetables and fruits, which contain antioxidants, may help protect brain cells. • Social activity not only makes physical and mental activity more enjoyable, it also reduces stress levels, which help maintain healthy connections among brain cells. • Mentally stimulating activities strengthen brain cells and the connections between them, and may even create new nerve cells. Alzheimer’s is a skyrocketing epidemic with more than 60,000 San Diegans suffering from the disease today and the numbers are climbing at an alarming pace. Age is the greatest risk factor for Alzheimer’s disease. This means we are all at risk and should be aware of the warning signs, so we can receive early diagnosis that allows us to plan for the future and have access to the comfort, support and resources we need. Sadly, this is an insidious disease, that not only claims the life of diagnosed individual, but also puts tense, emotional, physical and financial strain on those who love and care for them. More than 80% of individuals who are living with Alzheimer’s, are cared for at home by a family member. For this reason, the Alzheimer’s Association is committed to providing those affected and their loved ones with FREE support and resources including a 24/7 Helpline, community education, social activity programs, more than 30 support and discussion groups and one−on−one assistance from masters level experts in Alzheimer’s disease. Along with providing the community with free programs and service’s the Alzheimer’s Association is unrelenting on advocating for public policy issues and critical research funding in hopes of accelerating the global effort to eliminate Alzheimer’s disease. If you are interested in finding out more about any of the above, please visit our website at www.alz.org/sandiego or call our 24/7 Helpline at 800−272−3900. Another fun and easy way to learn more and get involved with the Alzheimer’s Association is to sign up for the Walk to End Alzheimer’s this October. We are hosting two walks this year: Oceanside Pier on Saturday October,4th at 4:00pm and at Balboa Park, Saturday October 18th at 8:00 am. Bring your friends and family out to walk with us and support families while raising critical funds and awareness. Sign up at www.als.org/sandiego today! Since our founding, Security Bank of California has focused on delivering quality banking services. The words ‘Relationship’ and ‘Community’ commonly appear in many banking advertisements, so much so that they frequently lose their true meaning. To us, these words mean working together to reach a common goal in a manner that is truly beneficial to everyone involved. Our ‘Fiduciary Services Group’ managed by Kathy Meredith and her 20 years of fiduciary experience is committed to earning the right to be your trusted ADVISOR and ser ve you as a valued financial resource. Our expertise and streamlined approach will save you time and keep your focus on your clients. We know that your practice requires a strong level of Professionalism, Attention to Detail, and an Immediate Response to YOUR client’s needs. Kathy and the entire ‘Fiduciary Services Group’ staff here at Security Bank of California are dedicated to providing those same benefits to you and your clients. Our Expertise is in Providing Banking Products and Services in the Areas of Special Needs Trusts, Guardianships, Conservatorships, Trust Accounts, Court Blocked Accounts, Attorney Client Trusts, VA Federal Fiduciary Accounts. Security Bank of California When you want a Banker, Not just a Bank. Security Bank was an Exhibitor and Bronze Sponsor for the 2014 PFAC Annual Educational Conference. 7 PFAC Fall 2014 Governor Signs Two PFAC−Supported Bills Authored by Assemblywoman Bonilla on Retired Licensees, Licensing Bureau By Jerry Desmond, Jr., Esq. AB 2024 allows professional fiduciaries who have served PFAC is pleased to report that the Governor has signed into law two bills authored by Assemblywoman Susan Bonilla that impact licensed professional fiduciaries: AB 2024 and AB 2741. seniors, disabled persons and minors to obtain a retired license as a distinction of acknowledgement and respect. AB 2024 updates the Professional Fiduciaries Act by allowing the Professional Fiduciaries Bureau to offer and oversee retired and inactive licenses, in addition to requiring the cancellation of licenses that are not renewed within three years. “Fiduciaries play a vital role in society by assuming the responsibility of trust for thousands of Californians across the state,” said Assemblywoman Susan A. Bonilla (D−Concord). “AB 2024 allows professional fiduciaries who have served seniors, disabled persons and minors to obtain a retired license as a distinction of acknowledgement and respect.” As noted by Assemblywoman Bonilla, under current law retired professional fiduciaries must continue to pay renewal fees and complete continuing education requirements if they want their license to remain in good standing. If they do not, a public records search would indicate that their license is “delinquent,” indicating possible misbehavior. AB 2024 allows the Professional Fiduciary Bureau the statutory authority to designate retired or inactive licenses for licensees in otherwise good standing. Jerry Desmond, Jr., Esq. Desmond & Desmond California Lobbying Firm 916−441−4166 jerry@DesmondLobbyFirm.com “There is no reason why the Professional Fiduciaries Bureau should not offer a retired or inactive license as numerous bureaus and boards already offer,” said Assemblywoman Bonilla. “I’m pleased that my colleagues and the Governor agree and that retired professional fiduciaries will be able to acknowledge a distinguished career without jumping through bureaucratic hoops.” AB 2741 extends until January 1, 2019, the sunset date on the Professional Fiduciaries Bureau and Chief of the Bureau. The continuation of the Professional Fiduciaries Act will ser ve to protect consumers by ensuring the continuation of the Bureau that is charged with the following responsibilities: educating consumers about their rights; promoting legal and ethical standards of professional conduct; investigating the background of applicants; administering licensing examinations; licensing professional fiduciaries; investigating complaints from consumers; and, taking disciplinary action and issuing citations. PFAC pursued a “support” position on both bills, advocating for their approval, testifying in each legislative committee. The association also urged the Governor to sign these measures into law. Assemblywoman Susan A. Bonilla (D−Concord) was elected in November 2010 and represents California’s 14th Assembly District, which includes Contra Costa County and Solano County. She is Chair of the Assembly Business Professions and Consumer Protection Committee. PFAC Fall 2014 8 Have You Noticed Any of These Warning Signs? Please list any concerns you have and take this sheet with you to the doctor. Note: This list is for information only and not a substitute for a consultation with a qualified professional. 1. Memory loss that disrupts daily life. One of the most common signs of Alzheimer’s, especially in the early stages, is forgetting recently learned information. Others include forgetting important dates or events; asking for the same information over and over; relying on memor y aides (e.g., reminder notes or electronic devices) or family members for things they used to handle on their own. What's typical? Sometimes forgetting names or appointments, but remembering them later. 2. Challenges in planning or solving problems. Some people may experience changes in their ability to develop and follow a plan or work with numbers. They may have trouble following a familiar recipe or keeping track of monthly bills. They may have difficulty concentrating and take much longer to do things than they did before. What's typical? Making occasional errors when balancing a checkbook. 3. Difficulty completing familiar tasks at home, at work or at leisure. People with Alzheimer’s often find it hard to complete daily tasks. Sometimes, people may have trouble driving to a familiar location, managing a budget at work or remembering the rules of a favorite game. What’s typical? Occasionally needing help to use the settings on a microwave or to record a television show. 4. Confusion with time or place. People with Alzheimer's can lose track of dates, seasons and the passage of time. They may have trouble understanding something if it is not happening immediately. Sometimes they may forget where they are or how they got there. What's typical? Getting confused about the day of the week but figuring it out later. 5. Trouble understanding visual images and spatial relationships. For some people, having vision problems is a sign of Alzheimer's. They may have difficulty reading, judging distance and determining color or contrast. In terms of perception, they may pass a mirror and think someone else is in the room. They may not recognize their own reflection. What's typical? Vision changes related to cataracts. 6. New problems with words in speaking or writing. People with Alzheimer's may have trouble following or joining a conversation. They may stop in the middle of a conversation and have no idea how to continue or they may repeat themselves. They may struggle with vocabulary, have problems finding the right word or call things by the wrong name (e.g., calling a watch a "hand clock"). What's typical? Sometimes having trouble finding the right word. 7. Misplacing things and losing the ability to retrace steps. A person with Alzheimer’s disease may put things in unusual places. They may lose things and be unable to go back over their steps to find them again. Sometimes, they may accuse others of stealing. This may occur more frequently over time. What's typical? Misplacing things from time to time, such as a pair of glasses or the remote control. 8. Decreased or poor judgment. People with Alzheimer's may experience changes in judgment or decision making. For example, they may use poor judgment when dealing with money, giving large amounts to telemarketers. They may pay less attention to grooming or keeping themselves clean. What's typical? Making a bad decision once in a while. 9. Withdrawal from work or social activities. A person with Alzheimer's may start to remove themselves from hobbies, social activities, work projects or sports. They may have trouble keeping up with a favorite sports team or remembering how to complete a favorite hobby. They may also avoid being social because of the changes they have experienced. What's typical? Sometimes feeling weary of work, family and social obligations. 10. Changes in mood and personality. The mood and personalities of people with Alzheimer's can change. They can become confused, suspicious, depressed, fearful or anxious. They may be easily upset at home, at work, with friends or in places where they are out of their comfort zone. What's typical? Developing very specific ways of doing things and becoming irritable when a routine is disrupted. For more information, go to alz.org/10signs or call 800.272.3900. This is an official publication of the Alzheimer’s Association but may be distributed by unaffiliated organizations or individuals. Such distribution does not constitute an endorsement of these parties or their activities by the Alzheimer’s Association. Copyright 2009 Alzheimer’s Association. All rights reserved. 9 PFAC Fall 2014 IN THIS MARKET DON’T TRUST ONE OF YOUR CLIENT’S LARGEST ASSETS TO JUST ANYONE Now More Than Ever, Experience Counts! - Sells Your Probate, Estate, Trust and Conservatorship Properties for More Money in a Shorter Time with Less Liability. - Has a Proven Track Record with More Than 500 Probate, Estate, Trust and Conservatorship Properties Sold (With and Without Court Confirmation) in All Major Bay Area Counties including San Francisco, Marin, Alameda, Contra Costa, San Mateo and Santa Clara. - Is a Twelve-Year PFAC Supporter and Affiliate Member Who Understands the Needs of Fiduciaries, Attorneys and Their Clients, Providing Expert Counsel Even in the Most Challenging Cases. - Provides a Turn-Key Solution for All of Your Estate Liquidation, Hauling, Cleaning and Pre-Sale Repair and Preparation Needs. Call Today for a Free Consultation (415) 664-9175 x277 www.ProbateAgent.com PLEASE SUPPORT YOUR LONG-TERM PFAC SPONSORS! PFAC Communication Committee (ComCom) Updated: Our Progress in Promoting PFAC By Gary Loebner and Tom Behr, CoChairs Led by Chairmen Gar y Loebner and Tom Behr, the six−member 2014−15 PFAC Communications Committee has been hard at work to make sure we’re helping to bolster our reputation as fiduciaries, introduce the profession to key audiences, attract new members and provide opportunities for visibility to existing members. HERE IS A QUICK UPDATE ON OUR RECENT PROGRESS: WEBSITE Gary Loebner has been the Committee point person to manage the transition of content from the former PFAC hosts at AMG to the new home of the site, now managed by JBS. Co−Chair: Gary Loebner 650−961−3368 SVFiduciary@sbcglobal.net Detailed updates and suggestions from all committee members have been compiled and delivered to JBS for inclusion in the update. While the project is not yet complete, a visit to our site will already show updated functionality as well as a cleaner look and feel. Keep checking back with us as we continue to improve our website. Also, we hope you visit the Member Communications Kit, our online home for important policy documents, as well as tips for promoting your business. Right now this page features PFAC guidelines for how to use our name and logo, as well as tips for participating in our online forums, and even a sample press release for new members to adapt when they join our organization. We expect this area to grow and include more resources for you, so stay tuned! SPEAKER’S BUREAU Our Speaker’s Bureau is at the center of our planned activity for the remainder of the year and into the spring. Led by committee member Gloria Kosbie, with support from Kamer Group’s Jane Sacco, plans are underway to identify and pitch a number of speaking engagements and forums across the state, to promote PFAC to our previously identified key audiences. We’re always looking for places to present in our communities, and there is a chance we may even want to partner with you to present at one of them. If you have any ideas for forums where we could present in your community (your local chapter of the Estate Planning Council or Financial Planners Association, etc.) please send them to Jane Sacco (jsacco@kamergroup.com). Otherwise, stay tuned for more news on this exciting front! PODCASTS At last year’s conference, we captured nearly 20 PFAC members on video, each providing their professional fiduciary tips and working knowledge on topics of interest to internal and external audiences. Now, we as a committee are strategizing on how best to feature and promote these clips, with many of them likely being featured right here in the member newsletter, on the PFAC website, and in the organization’s YouTube account. The strategy is to provide our members with real−life, on the ground case studies so you may improve your knowledge and practice, as well as to have a forum with which to showcase our members’ expertise to key external audiences and promote our members value as professional fiduciaries. Co−Chair: Tom Behr 858−566−1661 Tom@tombehrlaw.com Submit Your Chapter Meetings & Region Education Days For the Website Master Calendar Let all the PFAC members and other fiduciaries know about your local education programs by posting them to the PFAC website Master Calendar. When the chapter has an application approved, email the application and CEU approval as a PDF as soon as possible, so it can be added it to the calendar. If the chapter has a series of meeting dates set, send them to Kamberly Fix and she will post them all now for your member’s forward planning. Send meetings with approved CEU’s and other events you would like posted on the Master Calendar to KFix@jbsmgmt.com If a posted meeting cancels, let Kamberly know so she can mark it as cancelled on the calendar. 11 PFAC Fall 2014 What is PFAC? PFAC is an alliance of over 600 professional fiduciaries serving in the roles of conservator, trustee, estate administrator and/or care manager. Because of the growing population of elderly Californians and the diversity of our clients’ needs, PFAC members rely on professionals in a wide variety of fields and industries, including psychiatric care, estate appraisal, medical care, tax preparation, real estate, funeral ser vices, and many others. PFAC is on the leading edge of legislative advocacy, continuing education, and member support, while building public awareness of professional fiduciaries and the important services they provide. Caregiver Checklist for Finding an Adult Day Program The process of finding the right place for your loved one can be overwhelming. Here is a handy guide you can print to help you select the best adult day program to meet your own family’s needs. Staff • What is the ratio of staff to participants? • Does the staff have specific training in dementia care? • Does the staff show interest in individual participants? • Is the staff courteous and treat everyone with dignity and respect? • Is privacy respected? Activities • Is there adequate space to accommodate group activities? • Are the activities therapeutic, such as activities specifically to engage both the mind and body? • Do the activities cover a variety of interests? • Are there enough activities throughout each day to keep your loved one engaged and social? Pictures from 2014 conference • Do participants spend time outdoors, weather permitting? • Are there support services for caregivers, such as lending libraries and weekly support groups, to help the caregiver best manage at home? Centers • Is there transportation provided to and from the center? If so, is it an additional cost? • Does the center have a “good feel” – like a home away from home? • Are the doors secured? • Is there an alarm system or other security measure to ensure no one can wander off the premises? • Are the rooms clean? Is there an obvious odor reflecting poor housekeeping? • Is there adequate ventilation? • Is there an outdoor patio so the participants can get fresh air? • Are halls and restrooms wide enough to accommodate walkers and wheelchairs? • Are floors clean and non−slippery? Is the kitchen area clean and food handled safely? • Is the dining area pleasant, comfortable, clean and easily accessible? • Are participants encouraged to eat nutritional meals and snacks that the center provides? • Are tables convenient for wheelchairs? • Are the meals and snacks appropriate for your loved one? Does the food appear appetizing • Are bathrooms conveniently located? Do they have handgrips or rails near the toilets? This list is produced by The Glenner Memory Care Centers of San Diego County with help from Southern Caregiver Resource Center. PFAC Fall 2014 12 PFAC 2015 ANNUAL CONFERENCE “Celebrate the Past & Build a Bridge to the Future” By Susan Gibson, PFAC Conference Manager As many of you already know, the PFAC 2015 Annual Educational Conference will be held April 22−25, 2015 at the Hyatt Regency San Francisco Airport in Burlingame, California. The Hyatt Regency is the largest airport convention hotel in Northern California and is conveniently located only 2 miles south of the San Francisco International Airport. Complimentary shuttle service is provided both to and from this airport. San Francisco is also easily accessible by taking BART from the airport (only a 25 minute ride).The PFAC Board, Conference Committee and staff helped select this location because of its easy access, great meeting space and award winning ser vice. This 4 Diamond, 9 stor y hotel, with 789 guestrooms sits directly across from the San Francisco Bay. Susan Gibson PFAC Conference Planner 949−497−3673 ext 610 SGibson@jbsmgmt.com The Hyatt’s outstanding Atrium features a soothing waterfall with live plants and trees throughout. The Swiftwater Deli and Café is open daily for breakfast, lunch and dinner and Knuckles Historical Bar features 23 flat screen TV’s to catch your favorite games, beers on tap and a full pub menu. Immediately around the hotel, enjoy many unique restaurants and bars within walking distance. And if you’re interested in exploring Burlingame, hop on the free Burlingame Trolley for a ride to quaint shopping, dining and entertainment. PFAC is also celebrating 20 years! Yes, PFAC started in 1995 and here we are 20 years later with over 600 members, managing over 8 billion in assets. It’s exciting to be involved in an industry that’s vibrant and growing. The Conference Committee is working diligently to plan the best educational and networking opportunities for all levels of fiduciaries. There are over 30 educational sessions planned as well as time to connect with fellow fiduciaries and welcomed sponsors, exhibitors and advertisers. This is California’s leading industry event for fiduciaries. We encourage you to go the PFAC website and register now! www.pfacmeeting.org Hyatt Regency San Francisco Airport Burlingame, CA www.pfac-pro.org Conference Deadlines December 19, 2014 Sponsor−Exhibitor−Advertising Early Bird 10% Discount Ends January 30, 2015 “Early Bird” Conference Attendee Registration Ends March 2, 2015 Exhibitor FREE Badge Registration Closes March 2, 2015 Exhibitor Booth Reservation Closes March 2, 2015 Last Day to Submit Ad Artwork & Company Write Ups for Conference Program Book March 3, 2015 Exhibitor PAID Badge Registration Begins March 20, 2015 “Standard” Conference Attendee Registration Prices End March 20, 2015 Last Day to Transfer a Registration Between Employees of a Company March 20, 2015 Deadline for Group Discount Hotel Rooms, (if rooms still available) March 23, 2015 “Late Conference Attendee Registration Prices Begin 13 PFAC Fall 2014 BRAUN: A Fiduciary Case Study By Todd Wohl, ASA, NAA, BRE Recognizing BRAUN’s reputation and expertise in the market, a Fiduciary hired BRAUN to sell a multi−family property. This client had a need to complete a sale within a certain time frame, so BRAUN’s expert marketing team worked quickly to develop a bespoke marketing campaign designed specifically for the property. The marketing campaign was unique and exhaustive, and included targeting owners of multi−family properties, agents, brokers, and commercial investors WORLDWIDE. Special creative was designed to market this property and distributed via direct mail, the MLS, as a Loopnet featured listing, Zillow.com, Trulia, Realtor.com, Redfin Todd Wohl 866−568−6638 ext 228 todd@braunco.com and a targeted email campaign that reached over 480,000 contacts. BRAUN’s dedicated sales staff placed over 1,000 outbound phone calls to Brokers and Agents in Southern California, and multiple open houses were held. The results were overwhelming. Over 250 interested buyers toured the property, and 20 fully qualified buyers presented offers for consideration. More than half of the offers were more than the asking price! A buyer was secured, who paid all cash and closed well within the desired timeframe. BRAUN’s expertise spans unique valulation, brokerage and auction of commercial and residential properties throughout California and the United States. Learn how fiduciaries use Braun’s ser vices to protect themselves from unforseen legal and client issues. Contact us for a consultation. Braun was a Bronze Sponsor at the 2014 PFAC Annual Conference and is an Exhibitor at the 2015 PFAC Annual Conference in San Francisco. October is Breast Cancer Awareness Month HELP SAVE A LIFE! 15 PFAC Fall 2014 Welcome New Members NORTHERN REGION Associate Michael Lawson Manteca, CA 209−824−0170 01mlawson@att.net Elvira Orly El Cerrito, CA 510−384−5606 eorly@justice.com Affiliate Raj K. Ditta Pinole, CA 570−417−2584 raj@dittafiduciary.com Eileen O’Brien Half Moon Bay, CA 408−839−2742 eileentobrien@yahoo.com Kathryn Pernet Marina, CA 831−236−5241 kpernet@gmail.com Keith Settle Agoura, CA 818−707−1981 keithsettle@roadrunner.com Steven Hackett Belmont, CA 650−339−0951 s4hackett@gmail.com Associate to General Dean Lipsitz Sebastopol, CA 510−798−5201 deanl_fid@yahoo.com Jeffrey Chow Morgan Stanley Wealth Management Cupertino, CA 408−861−2010 jeffrey.chow@morganstanley.com Steven Minchen Sotheby’s International Realty Danville, CA 415−690−0352 doitsteve@yahoo.com James Tinsley True Link Financial San Francisco, CA 415−685−4258 james@truelinkcard.com Affiliate Corp. David Clarke and Scott Hampton Clarke Hampton Investment Group of Wells Fargo Advisors, LLC 925−253−4300 David.clarke@wfadvisors.com; scott.hampton@wfadvisors.com Francesca Wood and Meredith Brown Live Home Walnut Creek, CA 925−296−0406 fwood@livhome.com mbrown@livhome.com General Jeff Maltz and Caroline Cua San Francisco, CA 415−861−7433 jeff@silverride.com caroline@silverride.com Loretta L. Hefner Pleasant Hill, CA 925−262−4250 lori@lorihefner.com Updating your Membership Profile on the PFAC Website You can update all of your member profile information on the website with just a few clicks. • On the www.PFAC−PRO.org Home page, click Members Only. • Look at the drop down menu for “Member log in”. Click on that. Your Log in is your PFAC Member ID (not your state license #). • Enter your password. It is case sensitive. • Click on Log in. • Go to top of page and click Members Only. • Look at the drop down menu for “Update Profile”. Click on that. • Make the changes you need. Congratulations! Your profile has been updated! PFAC Fall 2014 16 SOUTHERN REGION Associate Anjanette LeDent Coastal Fiduciary Services Sunset Beach, CA 714−337−7504 anji@coastalfiduciary.com Rajendra (Bob) Pershadsingh Realty Dynamic, Inc. Santa Barbara, CA 805−722−8257 bob@realtydynamic.com Affiliate Susan Caldwell Walnut Acres Residential Care Walnut Acres Companion and Care Services Woodland Hills, CA 818−903−6445 walnutacrescompanion@gmail.com Phil Seymour The Seymour Group/ Elite Properties Realty Beverly Hills, CA 310−271−4040 ext 130 phil@theseymourgroup.net General Jacquelyn Quinn Santa Barbara, CA 805−966−3312 jquinn@seniorplanningservices.com SAN DIEGO REGION Associate Deborah A. Rossi San Diego, CA 619−822−4325 drossi1@san.rr.com Affiliate Dave Morris AppraiseNet Group, Inc. San Diego, CA 619−940−7015 Info@appraisenetgroup.com General Jodi M. Bernstein Carlsbad, CA 760−994−9117 jodi@elderally.com ICS – Insured Cash Sweep Strategies to ensure that funds are generating a yield in a secure way with ease in management We understand that as a Fiduciary you are the steward for your clients’ funds and FDIC insurance coverage is an important factor in the placement of those funds. As your Bank, we understand that protecting your clients’ funds is important. As such, Torrey Pines Bank can provide you the Insured Cash Sweep ® (ICS), offering flexibility and convenience in managing your fiduciar y relationships through an interest−bearing, fully liquid, insured money market account. The ICS account: • Competitive rates on money market accounts • are protected by the full faith and credit of the United States government and; • no depositor has ever lost a penny of FDIC−insured funds. With the ICS money market account you can withdraw funds up to six times per month; you can make deposits into the account as usual. Implementation is easy: we just add an ICS Agreement to an existing or new account, and then we direct the deposits to interest−bearing accounts at other participating banks in amounts under $250,000. We at Torrey Pines Bank would appreciate the opportunity to further explore how ICS can work for you. CONTACT US TODAY: Los Angeles: 213−362−5200 San Diego: 858−523−4600 San Francisco Bay Area: 510−899−7500 Depression and Suicide have been in the news recently. These are just a few, of the many 24-Hour Crisis Lines. Los Angeles 1-800-854-7771 24-Hour Crisis Line Orange County 1-866-830-6011 24-Hour Crisis Line Sacramento 1-888-881-4881 24-Hour Crisis Line Sonoma 1-800-746-8181 24-Hour Crisis Line San Diego 1-888-724-7240 24 Hour Crisis Line (Placement of your funds through the ICS service is subject to the terms, conditions, and disclosures set forth in the agreements, including the ICS Deposit Placement agreement that you enter into with us. Limits and customer eligibility criteria apply. Program withdrawals are limited to six per month when using the ICS savings option. ICS and Insured Cash Sweep San Francisco 1-800-273-8255 24-Hour Crisis Line are registered service marks of Promontory Interfinancial Network, LLC) Torrey Pines Bank is a division of Western Alliance Bank. Member FDIC Torrey Pines Bank was Exhibitor and Gold Sponsor for the 2014 PFAC Annual Educational Conference in San Diego. 17 PFAC Fall 2014 real estate solutions for professional fiduciaries Success doesn’t just happen... it’s achieved “Whether it’s selling Residential, Multi-Family, or Commercial Real Estate, the Seymour group will ensure your transactions close and your objectiv es are met.” the Seymour group Elite Properties Realty Contact: Phil Seymour, Executive Vice President Phone: 310.271.4040 Ext. 130 Email: phil@theseymourgroup.net Member of Professional Fiduciaries Association of California (PFAC) 148 S. Beverly Drive Member of the Board of Directors and Sponsor of the California Receivers Forum Beverly Hills, California 90212 Sponsor / Member of National Association of Federal Receivers (NAFER) www.theseymourgroup.net Sponsor / Member of the California Bankruptcy Forum BRE#00630158 PFAC REGION & CHAPTERS NORTHERN REGION Leslie Byrne, President 510−635−0355 Lmbyrne@yahoo.com SOUTHERN REGION James Sullivan, President 310−792−8838 james@trustee.pro Central San Joaquin Valley Chapter Ronald Dicken 559−732−0759 rondicken01@comcast.net Central Coast Chapter Wendy Edmunds, Co−Chair 805−965−2345 wendy@sbisis.com East Bay Chapter www.pfaceb.org Meredith Taylor 510−352−6000 mtaylor@imtassociates.com Kathryn Glenn, Co−Chair 805−904−6670 daviesandglenn@hotmail.com A Little Play Acting ... Robert Rules Learned ... Desert Chapter Ronald Olund 760−323−8857 olundhooker@aol.com A Forward Look ... Good Chinese Food Inland Empire Chapter Art Passante, Co−Chair 760−200−3800 apassante@verizon.net Jackie Miller & AMG ... Imagining Feather River Chapter Susie Below 530−532−1757 belowfiduciaryservices@hotmail.com Sacramento Chapter Dawn Akel 916−686−7804 Dawn@akelfiduciary.com San Francisco Chapter David Keeler, Co−Chair 415−713−4811 david.keeler@yahoo.com Aishlin O’Coyle, Co−Chair 415−221−2864 fiduciaryca12@gmail.com San Joaquin Valley Chapter Mark Olsen 209−768−7044 olsonfiduciary@gmail.com San Mateo Chapter Steve Chandler, Co−Chair 650−344−3233 Steve@CFiduciary.com Pam LoCoco, Co−Chair 650−529−9600 pam@pamlococo.com Leadership Training Day ... Lots of Discussion ... Plenty of Listening ... An Engaging Ethics Presentation ... and Time to Talk ... PFAC’s Strength In Its Leaders ... Many Thanks & Good Bye to the Next Decade .. A Fruitful Day Robin Shea, Co−Chair 951−765−1000 robin@sheafiduciary.com Long Beach Chapter Wendy Hatch, Co−Chair 562−435−0018 wendy@hatchandassociates.com Tim Mock, Co−Chair 562−433−3677 timmock62@yahoo.com Orange County Chapter Herb Cohen, Co−Chair herb_pfs@att.net Emma Kresser, Co−Chair 949−951−7297 Emma@emmakresser.com San Gabriel Valley Chapter Annabelle Wilson, Co−Chair 626−792−1664 mail@arwilson.net Santa Rosa Chapter William Zuur 707−539−2216 wzuurconsulting@sonic.net John Cooper, Co−Chair 626−888−2255 ok3@pacbell.net Silicon Valley Chapter www.pfacsv.org Eric Hersh, Co−Chair eric@hershassociates.net Southern San Joaquin Chapter Greg W. Honegger 661−387−9954 greg@greghonegger.com Will Hoggan, Co−Chair 408−712−9457 willhoggan@gmail.com SAN DIEGO REGION Jeanette Servin, President 858−204−2784 servinfiduciary@gmail.com FIRST ROW: Left to Right: Marilyn Bessey, President; Martin Wixson and Donna Verna, SECOND ROW: Left to right: John Cooper, Eric Hersh, Dusty White, Steve Chandler, Anabelle Wilson, Emma Kresser, Mark Olson, Susan Ghormley, Pam Lococo, and Aishlin O’Coyle THIRD ROW: Norine Boehmer, Rita Michael, Jeanette Servin, Scott Phipps, Leslie Byrne, Joyce Anthony, Debra Dolch and Jim Sullivan, FOURTH ROW: Gary Loebner www.pfac-pro.org 19 PFAC Fall 2014 Northern California By Leslie M. Byrn, CLPF, Northern California Region President On September 10th the NorCal Education Day that was held at the South San Francisco Conference Center. Debra Dolch and David Keeler did an excellent job at co−chairing the event. We had over 125 participants from all over the region earn up to 7.5 hrs of CEUs, with a focus on Person and Ethics. Our next Regional Dinner and Speaker will be on January 15, 2015 hosted by the San Francisco Chapter. Location and Speaker TBA. Leslie M. Byrne On April 22, 2015 the NorCal region will be hosting the 20th Annual Educational Conference at the San Francisco Airport Hyatt Regency. The Conference Committee met at the hotel in early September and are excited about the event. There will be changes to the conference−most of it from feedback from the 2014 Conference. There will be larger break out rooms, balanced class offerings (Person, Estate, Trust, Ethics, etc), additional Night Owl choices, less walking and no 3 hr sessions. Co−Chairs: David Keeler, Leslie Byrne and Art Passante. Program co−chairs Debra Dolch & Richard Lambie, Fundraising co−chairs: Cecilia Mason & Kellie Hayes Marketing: Jennifer Keystone and Hospitality: Julie Menack and Dean Lipsitz. Please contact one of the chairs if you’d be interested in helping with this event. RE GION REPOR TS Southern California By James Sullivan, Southern California Region President We have had an active quarter with many learning and fellowship opportunities. In addition to chapter meetings in Orange County, Long Beach, San Gabriel and the Inland Empire, brown bag lunches in the South Bay, West side and the Valley provide a great way to meet fellow fiduciaries and affiliates and share experiences. The Southern Region James held a Regional Dinner at The Grand in Long Beach in July 22, 2014 and 65 PFAC members, affiliates and guests attended. The next Regional Meeting is scheduled to be on Tuesday, October 21. The location, topic and time will be announced shortly. The Southern Region Educational Day at the Petroleum Club in Long Beach on September 20th was a great success with more than 70 in attendance. Many thanks to the program Co−Chairs Wendy Hatch and Bill Gamble for putting together a fantastic program titled “Everything You Need To Know To Handle A Decedent’s Estate”. Thank you to the following presenters, in the order of their presentation: • Frank Acuna, Esq. − Duties and Responsibilities of the Attorney & the Representative PFAC Fall 2014 20 Sullivan • Sam Hlavaty, CLPF − Primary Duties of Representative the First 6 Months • Nancy Sanborn, Realtor, and Lynard (Lyn) Hinojosa, Esq. − Real Estate Management in the Decedent Estate • William (Bill) Gamble, III, CLPF − Tax Administration in Probate Estate • Jennifer Sawday, Esq., and Bill Gamble, CLPF − Final Accounting, distribution, receipts, discharge & closing The following sponsors generously contributed to the Education Day and deserve our consideration when seeking services they offer: • Bond Services of California • Beach Equities Real Estate, The Fingerhut Team • One West Bank, Chris Lee • Onisko & Scholz, LLP, CPAs • Prudent Investors Network • Tredway, Lumsdaine & Doyle, LLP, Legal Counsel Thank you to our regional board, chapter and brown bag lunch leaders and organizers, presenters, sponsors and the many others that help our membership and contribute in so many ways. PFAC is a valuable resource thanks to our members. Addressing Complex Borrowing Challenges: Success Stories from First Probate Loans By Jonathan Brooks, President − First Probate Loans Working with fiduciaries and their attorneys to borrow on behalf of trusts and estates is no small matter with complex probate, national and local real property, and finance lending laws. First Probate Loans manages the probate financing process for short−term loans to trusts and estates, post−property distribution loans, and distributions of trusts and estates. Jonathon Brooks 310−487−6944 direct 818−788−2308 office EstateLoan@gmail.com The following examples illustrate the firm’s highly specialized expertise in assisting fiduciaries, and its reputation for resolving challenging and difficult problems. • Paying for conservatorship costs: A PFAC member was appointed conservator of an estate with real property valued at $400,000. The fiduciary obtained a court order to borrow $200,000 from First Probate Loans to pay for the ongoing costs of the conservatorship. • Helping heirs keep the family home: In a case where a PFAC member was named the court−appointed administrator of a decedent’s estate, intestate heirs wanted to keep the family home. The estate, however, had no liquidity to pay administration expenses, including attorney fees, administrator commissions and creditor claims. The member was able to obtain a court order to borrow $50,000 from First Probate Loans. Fees, commissions and claims were ordered paid, with the property distributed subject to the First Probate Loans lien. Probate Loans then arranged long−term financing for the heirs. • The PFAC member netted the trust estate $1.7−1.8 million from her ser vices, the sale and the First Probate Loans financing. Netting profits for a trust estate: A PFAC member was named the court−appointed successor trustee (and conservator) of an estate with real property valued at $1.7 million. The first trust deed was $1 million; the member and her attorneys negotiated down a Franchise Tax Board lien of $1.5 million to $100,000. She obtained a court order for a second trust deed, which First Probate Loans funded, to pay off the lien. The court approved the sale of the property for $2.2 million. The PFAC member netted the trust estate $1.7−1.8 million from her services, the sale and the First Probate Loans financing. Fiduciaries looking to borrow on behalf of trusts and estates, and obtain loans at competitive rates, need a partner that can navigate complicated waters effectively and efficiently. Finding the right firm results in positive results for all parties. First Probate Loans was an Exhibitor and Bronze Sponsor for the 2014 PFAC Annual Educational Conference in San Diego and is an Exhibitor and Bronze Sponsor for the 2015 PFAC Annual Educational Conference in San Francisco. 21 PFAC Fall 2014 P ro fe s s i o n a l F i d u c i a r y A s s o c i a t i o n o f C a l i fo r n i a 9 5 4 L a M i ra d a S t . Laguna Beach, CA 92651 P: 949-497-3673 T: 8 6 6 - 8 8 6 - 7 3 2 2 w w w. p f a c - p ro . o r g
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